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U.S. v. MACIAS

No. 10-50614.

658 F.3d 509 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Robert MACIAS, Jr., also known as Robert Macias, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Revised October 17, 2011.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Asst. U.S. Atty. (argued), San Antonio, TX, for Plaintiff-Appellee.

M. Carolyn Fuentes , Henry Joseph Bemporad , Fed. Pub. Defenders, Philip J. Lynch , Asst. Fed. Pub. Def. (argued), San Antonio, TX, for Defendant-Appellant.

Before JOLLY, DeMOSS and PRADO, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Robert Macias, Jr. appeals the district court's denial of his motion to suppress a firearm uncovered during a warrantless automobile search by a Texas Department of Public Safety officer on Interstate 10 near Pecos County, Texas. The firearm found in the search of the truck Macias was driving is at the bottom of Macias's conviction for being a felon in possession of a firearm. Because we conclude that the trooper unconstitutionally prolonged...

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